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CIVIL COMPLAINT-BREACH OF CONTRACT
SELF-HELP FORM PACKET
SHC-CIV-01 (Rev. 09/01/2021)
www.occourts.org/self-help
SUPERIOR COURT OF CALIFORNIA
COUNTY OF ORANGE
Self-Help Services
www.occourts.org/self-help
Complete the attached forms in black ink.
Scan your completed forms and save as a single PDF file.
Go to www. occourts.org/self-help (click the blue button labeled
Click Here to Contact Self-Help Services), attach the PDF, and complete
the online request form. Make sure to select CIVIL as the case type on
the form.
Self-Help Services can review your completed forms before you file them
with the Court. To request review of your completed forms:
1.
2.
3.
Information
L-1009 (Rev. March 2012)
CIVIL CASE TIME SCHEDULE
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE
CIVIL CASE TIME SCHEDULE
UNLIMITED (OVER $25,000)
Day Event Comment Authority
1 Complaint filed with Civil Case Cover Sheet Judicial Officer is assigned for all purposes. SCOC rule 303
CRC 3.220
Varies Request for Entry of Default filed. 10 days after expiration of response time. CRC 3.110(g)
Varies Deadline for filing responsive pleading Parties may stipulate to 15 day extension. CRC 3.110
Varies Service of cross-complaint that names new
parties
Proof of service filed within 30 days of filing of cross-
complaint.
CRC 3.110(c)
60 Deadline for filing proof(s) of service on the
complaint.
Failure to meet deadline may result in the court
scheduling an Order to Show Cause Hearing.
CRC 3.110(b)
Varies Meet and Confer Parties must meet and confer within 20 days after
service of the responsive pleading. Joint Meet and
Confer Statement (local form #L-964) must be filed
within 30 days after service of the responsive
pleading.
SCOC rule 315
CRC 3.724
Anytime
Stipulation to Arbitration, Mediation, or Early
Neutral Evaluation
SCOC rule 360
180 Deadline for Case Management Conference
and Case Management Order
Court must give minimum of 45 days notice.
Parties must file Case Management Statement 15
calendar days prior to hearing (Judicial Council Form
#CM-110).
CRC 3.722(b)
SCOC rule 317
CRC 3.725(a)
Varies Mandatory Settlement Conference May be scheduled at the Case Management
Conference. Settlement Conference Statement (local
form #L-52) lodged 5 court days prior to Mandatory
Settlement Conference.
SCOC rule 316
10 days
prior to
trial
Issue Conference and trial related documents Counsel required to meet and confer. Statement of
Compliance and trial related documents (local form
#L-81) submitted by noon, Friday prior to trial.
SCOC rule 317
LIMITED ($25,000 OR LESS)
1 Complaint filed with Civil Case Cover Sheet
CRC 3.220
Varies Request for Entry of Default filed. 10 days after expiration of response time. CRC 3.110(g)
Varies Deadline for filing responsive pleading Parties may stipulate to 15 day extension. CRC 3.110
Varies Service of cross-complaint that names new
parties.
Proof of service filed within 30 days of filing of cross-
complaint.
CRC 3.110(c)
Varies File At-Issue Memorandum For Trial Setting
(local form #L-31)
May be filed when the case is at issue any time
before the Case Management Conference. Case
Management Conference will be taken off calendar.
SCOC rule 339
60 Deadline for filing proof(s) of service on the
complaint
Failure to meet deadline may result in the court
scheduling an Order to Show Cause Hearing.
CRC 3.110(b)
Varies Meet and Confer Parties must meet no later than 30 calendar days
before the Case Management Conference.
CRC 3.724
180 Deadline for Case Management Conference
and Case Management Order
Court must give minimum of 45 days notice.
Parties must file Case Management Statement 15
calendar days prior to hearing (Judicial Council Form
#CM-110).
CRC 3.722(b)
SCOC rule 321
CRC 3.725(a)
Varies Pretrial Settlement Conference May be set by the court when jury trial or court trial is
estimated to last one day or more. Parties must
submit a Pretrial Conference Brief/Statement at the
time of the conference.
SCOC rule 332
Note: Superior Court of Orange County is abbreviated as “SCOC”
Form Adopted for Mandatory Use
Judicial Council of California
CM-010 [Rev.September 1, 2021]
CIVIL CASE COVER SHEET
Cal. Rules of Court, rules 2.30, 3.220, 3.400–3.403, 3.740;
Cal. Standards of Judicial Administration, std. 3.10
www.courts.ca.gov
CM-010
FOR COURT USE ONLY
CASE NUMBER:
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
TELEPHONE NO.:
FAX NO. (Optional):
E-MAIL ADDRESS:
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
CASE NAME:
CIVIL CASE COVER SHEET
Unlimited
(Amount
demanded
exceeds $25,000)
Limited
(Amount
demanded is
$25,000 or less)
Complex Case Designation
Counter
Joinder
Filed with first appearance by defendant
(Cal. Rules of Court, rule 3.402)
JUDGE:
DEPT.:
Items 1–6 below must be completed (see instructions on page 2).
1. Check one box below for the case type that best describes this case:
Auto Tort
Auto (22)
Uninsured motorist (46)
Other PI/PD/WD (Personal Injury/Property
Damage/Wrongful Death) Tort
Asbestos (04)
Product liability (24)
Medical malpractice (45)
Other PI/PD/WD (23)
Non-PI/PD/WD (Other) Tort
Business tort/unfair business practice (07)
Civil rights (08)
Defamation (13)
Fraud (16)
Intellectual property (19)
Professional negligence (25)
Other non-PI/PD/WD tort (35)
Employment
Wrongful termination (36)
Other employment (15)
Contract
Breach of contract/warranty (06)
Rule 3.740 collections (09)
Other collections (09)
Insurance coverage (18)
Other contract (37)
Real Property
Eminent domain/Inverse
condemnation (14)
Wrongful eviction (33)
Other real property (26)
Unlawful Detainer
Commercial (31)
Residential (32)
Drugs (38)
Judicial Review
Asset forfeiture (05)
Petition re: arbitration award (11)
Writ of mandate (02)
Other judicial review (39)
Provisionally Complex Civil Litigation
(Cal. Rules of Court, rules 3.400–3.403)
Antitrust/Trade regulation (03)
Construction defect (10)
Mass tort (40)
Securities litigation (28)
Environmental/Toxic tort (30)
Insurance coverage claims arising from the
above listed provisionally complex case
types (41)
Enforcement of Judgment
Enforcement of judgment (20)
Miscellaneous Civil Complaint
RICO (27)
Other complaint (not specified above) (42)
Miscellaneous Civil Petition
Partnership and corporate governance (21)
Other petition (not specified above) (43)
2.
This case
is
is not
complex under rule 3.400 of the California Rules of Court. If the case is complex, mark the
factors requiring exceptional judicial management:
a.
Large number of separately represented parties
b.
Extensive motion practice raising difficult or novel
issues that will be time-consuming to resolve
c.
Substantial amount of documentary evidence
d.
Large number of witnesses
e.
Coordination with related actions pending in one or more
courts in other counties, states, or countries, or in a federal
court
f.
Substantial postjudgment judicial supervision
3.
Remedies sought (check all that apply): a.
monetary
b.
nonmonetary; declaratory or injunctive relief
c.
punitive
4.
Number of causes of action (specify):
5.
This case
is
is not
a class action suit.
6.
If there are any known related cases, file and serve a notice of related case. (You may use form CM-015.)
Date:
(TYPE OR PRINT NAME)
(SIGNATURE OF PARTY OR ATTORNEY FOR PARTY)
NOTICE
•
Plaintiff must file this cover sheet with the first paper filed in the action or proceeding (except small claims cases or cases filed
under the Probate Code, Family Code, or Welfare and Institutions Code). (Cal. Rules of Court, rule 3.220.) Failure to file may result
in sanctions.
•
File this cover sheet in addition to any cover sheet required by local court rule.
•
If this case is complex under rule 3.400 et seq. of the California Rules of Court, you must serve a copy of this cover sheet on all
other parties to the action or proceeding.
•
Unless this is a collections case under rule 3.740 or a complex case, this cover sheet will be used for statistical purposes only.
Page 1 of 2
ORANGE
700 Civic Center Drive
Santa Ana, CA 92701
Central Justice Center
CM-010 [Rev. September 1, 2021]
CIVIL CASE COVER SHEET
Page 2 of 2
CM-010
INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET
To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example, a complaint) in a civil case, you must
complete and file, along with your first paper, the Civil Case Cover Sheet contained on page 1. This information will be used to compile
statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check
one box for the case type that best describes the case. If the case fits both a general and a more specific type of case listed in item 1,
check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of action.
To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover
sheet must be filed only with your initial paper. Failure to file a cover sheet with the first paper filed in a civil case may subject a party,
its counsel, or both to sanctions under rules 2.30 and 3.220 of the California Rules of Court.
To Parties in Rule 3.740 Collections Cases. A "collections case" under rule 3.740 is defined as an action for recovery of money owed
in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in which
property, services, or money was acquired on credit. A collections case does not include an action seeking the following: (1) tort
damages, (2) punitive damages, (3) recovery of real property, (4) recovery of personal property, or (5) a prejudgment writ of
attachment. The identification of a case as a rule 3.740 collections case on this form means that it will be exempt from the general
time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections
case will be subject to the requirements for service and obtaining a judgment in rule 3.740.
To Parties in Complex Cases. In complex cases only, parties must also use the Civil Case Cover Sheet to designate whether the
case is complex. If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by
completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the
complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the
plaintiff's designation, a counter-designation that the case is not complex, or, if the plaintiff has made no designation, a designation that
the case is complex.
CASE TYPES AND EXAMPLES
Auto Tort
Auto (22)–Personal Injury/Property
Damage/Wrongful Death
Uninsured Motorist (46) (if the
case involves an uninsured
motorist claim subject to
arbitration, check this item
instead of Auto)
Other PI/PD/WD (Personal Injury/
Property Damage/Wrongful Death)
Tort
Asbestos (04)
Asbestos Property Damage
Asbestos Personal Injury/
Wrongful Death
Product Liability (not asbestos or
toxic/environmental) (24)
Medical Malpractice (45)
Medical Malpractice–
Physicians & Surgeons
Other Professional Health Care
Malpractice
Other PI/PD/WD (23)
Premises Liability (e.g., slip
and fall)
Intentional Bodily Injury/PD/WD
(e.g., assault, vandalism)
Intentional Infliction of
Emotional Distress
Negligent Infliction of
Emotional Distress
Other PI/PD/WD
Non-PI/PD/WD (Other) Tort
Business Tort/Unfair Business
Practice (07)
Civil Rights (e.g., discrimination,
false arrest) (not civil
harassment) (08)
Defamation (e.g., slander, libel)
(13)
Fraud (16)
Intellectual Property (19)
Professional Negligence (25)
Legal Malpractice
Other Professional Malpractice
(not medical or legal)
Other Non-PI/PD/WD Tort (35)
Employment
Wrongful Termination (36)
Other Employment (15)
Contract
Breach of Contract/Warranty (06)
Breach of Rental/Lease
Contract (not unlawful detainer
or wrongful eviction)
Contract/Warranty Breach–Seller
Plaintiff (not fraud or negligence)
Negligent Breach of Contract/
Warranty
Other Breach of Contract/Warranty
Collections (e.g., money owed, open
book accounts) (09)
Collection Case–Seller Plaintiff
Other Promissory Note/Collections
Case
Insurance Coverage (not provisionally
complex) (18)
Auto Subrogation
Other Coverage
Other Contract (37)
Contractual Fraud
Other Contract Dispute
Real Property
Eminent Domain/Inverse
Condemnation (14)
Wrongful Eviction (33)
Other Real Property (e.g., quiet title) (26)
Writ of Possession of Real Property
Mortgage Foreclosure
Quiet Title
Other Real Property (not eminent
domain, landlord/tenant, or
foreclosure)
Unlawful Detainer
Commercial (31)
Residential (32)
Drugs (38) (if the case involves illegal
drugs, check this item; otherwise,
report as Commercial or Residential)
Judicial Review
Asset Forfeiture (05)
Petition Re: Arbitration Award (11)
Writ of Mandate (02)
Writ–Administrative Mandamus
Writ–Mandamus on Limited Court
Case Matter
Writ–Other Limited Court Case
Review
Other Judicial Review (39)
Review of Health Officer Order
Notice of Appeal–Labor
Provisionally Complex Civil Litigation (Cal.
Rules of Court Rules 3.400–3.403)
Antitrust/Trade Regulation (03)
Construction Defect (10)
Claims Involving Mass Tort (40)
Securities Litigation (28)
Environmental/Toxic Tort (30)
Insurance Coverage Claims
(arising from provisionally complex
case type listed above) (41)
Enforcement of Judgment
Enforcement of Judgment (20)
Abstract of Judgment (Out of
County)
Confession of Judgment (non-
domestic relations)
Sister State Judgment
Administrative Agency Award
(not unpaid taxes)
Petition/Certification of Entry of
Judgment on Unpaid Taxes
Other Enforcement of Judgment
Case
Miscellaneous Civil Complaint
RICO (27)
Other Complaint (not specified
above) (42)
Declaratory Relief Only
Injunctive Relief Only (non-
harassment)
Mechanics Lien
Other Commercial Complaint
Case (non-tort/non-complex)
Other Civil Complaint
(non-tort/non-complex)
Miscellaneous Civil Petition
Partnership and Corporate
Governance (21)
Other Petition (not specified
above) (43)
Civil Harassment
Workplace Violence
Elder/Dependent Adult
Abuse
Election Contest
Petition for Name Change
Petition for Relief From Late
Claim
Other Civil Petition
Commissioner Appeals
SUMMONS
(CITACION JUDICIAL)
, Deputy
(Adjunto)
Form Adopted for Mandatory Use
Judicial Council of California
SUM-100 [Rev. July 1, 2009]
SUMMONS
Code of Civil Procedure §§ 412.20, 465
www.courts.ca.gov
[SEAL]
SUM-100
(For proof of service of this summons, use Proof of Service of Summons (form POS-010).)
(Para prueba de entrega de esta citatión use el formulario Proof of Service of Summons, (POS-010)).
The name and address of the court is:
(El nombre y dirección de la corte es):
CASE NUMBER: (Número del Caso):
The name, address, and telephone number of plaintiff's attorney, or plaintiff without an attorney, is: (El nombre, la dirección y el número
de teléfono del abogado del demandante, o del demandante que no tiene abogado, es):
DATE:
(Fecha)
NOTICE TO DEFENDANT:
(AVISO AL DEMANDADO):
YOU ARE BEING SUED BY PLAINTIFF:
(LO ESTÁ DEMANDANDO EL DEMANDANTE):
FOR COURT USE ONLY
(SOLO PARA USO DE LA CORTE)
NOTICE TO THE PERSON SERVED: You are served
1.
2.
as an individual defendant.
as the person sued under the fictitious name of (specify):
3.
under:
4.
CCP 416.10 (corporation)
CCP 416.20 (defunct corporation)
CCP 416.40 (association or partnership)
CCP 416.60 (minor)
CCP 416.70 (conservatee)
CCP 416.90 (authorized person)
by personal delivery on (date):
other (specify):
on behalf of (specify):
Page 1 of 1
NOTICE! You have been sued. The court may decide against you without your being heard unless you respond within 30 days. Read the information
below.
You have 30 CALENDAR DAYS after this summons and legal papers are served on you to file a written response at this court and have a copy
served on the plaintiff. A letter or phone call will not protect you. Your written response must be in proper legal form if you want the court to hear your
case. There may be a court form that you can use for your response. You can find these court forms and more information at the California Courts
Online Self-Help Center (www.courtinfo.ca.gov/selfhelp), your county law library, or the courthouse nearest you. If you cannot pay the filing fee, ask the
court clerk for a fee waiver form. If you do not file your response on time, you may lose the case by default, and your wages, money, and property may
be taken without further warning from the court.
There are other legal requirements. You may want to call an attorney right away. If you do not know an attorney, you may want to call an attorney
referral service. If you cannot afford an attorney, you may be eligible for free legal services from a nonprofit legal services program. You can locate
these nonprofit groups at the California Legal Services Web site (www.lawhelpcalifornia.org), the California Courts Online Self-Help Center
(www.courtinfo.ca.gov/selfhelp), or by contacting your local court or county bar association. NOTE: The court has a statutory lien for waived fees and
costs on any settlement or arbitration award of $10,000 or more in a civil case. The court's lien must be paid before the court will dismiss the case.
¡AVISO! Lo han demandado. Si no responde dentro de 30 días, la corte puede decidir en su contra sin escuchar su versión. Lea la información a
continuación.
Tiene 30 DÍAS DE CALENDARIO después de que le entreguen esta citación y papeles legales para presentar una respuesta por escrito en esta
corte y hacer que se entregue una copia al demandante. Una carta o una llamada telefónica no lo protegen. Su respuesta por escrito tiene que estar
en formato legal correcto si desea que procesen su caso en la corte. Es posible que haya un formulario que usted pueda usar para su respuesta.
Puede encontrar estos formularios de la corte y más información en el Centro de Ayuda de las Cortes de California (www.sucorte.ca.gov), en la
biblioteca de leyes de su condado o en la corte que le quede más cerca. Si no puede pagar la cuota de presentación, pida al secretario de la corte que
le dé un formulario de exención de pago de cuotas. Si no presenta su respuesta a tiempo, puede perder el caso por incumplimiento y la corte le podrá
quitar su sueldo, dinero y bienes sin más advertencia.
Hay otros requisitos legales. Es recomendable que llame a un abogado inmediatamente. Si no conoce a un abogado, puede llamar a un servicio de
remisión a abogados. Si no puede pagar a un abogado, es posible que cumpla con los requisitos para obtener servicios legales gratuitos de un
programa de servicios legales sin fines de lucro. Puede encontrar estos grupos sin fines de lucro en el sitio web de California Legal Services,
(www.lawhelpcalifornia.org), en el Centro de Ayuda de las Cortes de California, (www.sucorte.ca.gov) o poniéndose en contacto con la corte o el
colegio de abogados locales. AVISO: Por ley, la corte tiene derecho a reclamar las cuotas y los costos exentos por imponer un gravamen sobre
cualquier recuperación de $10,000 ó más de valor recibida mediante un acuerdo o una concesión de arbitraje en un caso de derecho civil. Tiene que
pagar el gravamen de la corte antes de que la corte pueda desechar el caso.
Clerk, by
(Secretario)
Plaintiff* (name or names):
This pleading, including attachments and exhibits, consists of the following number of pages:
1.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
PLAINTIFF:
DEFENDANT:
TO
DOES 1
CONTRACT
COMPLAINT
CROSS-COMPLAINT
AMENDED COMPLAINT
(Number):
AMENDED CROSS-COMPLAINT
(Number):
FOR COURT USE ONLY
ACTION IS A LIMITED CIVIL CASE
ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000)
Jurisdiction (check all that apply):
does not exceed $10,000
exceeds $10,000 but does not exceed $25,000
Amount demanded
ACTION IS RECLASSIFIED by this amended complaint or cross-complaint
from limited to unlimited
from unlimited to limited
CASE NUMBER:
PLD-C-001
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
TELEPHONE NO:
FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
2.
3.
Each plaintiff named above is a competent adult
a.
b.
except
(1)
b.
Form Approved for Optional Use
Judicial Council of California
PLD-C-001 [Rev. January 1, 2007]
COMPLAINT—Contract
Code of Civil Procedure, § 425.12
alleges causes of action against defendant* (name or names):
plaintiff (name):
a corporation qualified to do business in California
(2)
an unincorporated
entity (describe):
(specify):
other
(3)
(name):
Plaintiff
a.
has complied with the fictitious business name laws and is doing business under the fictitious name
(specify):
a licensed (specify):
has complied with all licensing requirements as
c.
Information about additional plaintiffs who are not competent adults is shown in Attachment 3c.
4.
Each defendant named above is a natural person
a.
defendant (name):
except
(1)
(2)
(3)
a business organization, form unknown
a corporation
an unincorporated entity
(describe):
(4)
a public entity
(describe):
(5)
(specify):
other
* If this form is used as a cross-complaint, plaintiff means cross-complainant and defendant means cross-defendant.
Page 1 of 2
defendant (name):
except
(1)
(2)
(3)
a business organization, form unknown
a corporation
an unincorporated entity
(describe):
(4)
a public entity
(describe):
(5)
(specify):
other
ORANGE
700 CIVIC CENTER DRIVE
700 CIVIC CENTER DRIVE
SANTA ANA, CA 92701
CENTRAL JUSTICE CENTER
(1)
4.
5.
b.
a.
10.
Plaintiff prays for judgment for costs of suit; for such relief as is fair, just, and equitable; and for
a.
b.
interest on the damages
(1)
PLD-C-001 [Rev. January 1, 2007]
Page 2 of 2
COMPLAINT—Contract
CASE NUMBER:
SHORT TITLE:
PLD-C-001
(Continued)
b. The true names of defendants sued as Does are unknown to plaintiff.
(specify Doe numbers):
Doe defendants
were the agents or employees of the named
defendants and acted within the scope of that agency or employment.
(2)
(specify Doe numbers):
Doe defendants
are persons whose capacities are unknown to
plaintiff.
c.
Information about additional defendants who are not natural persons is contained in Attachment 4c.
d.
Defendants who are joined under Code of Civil Procedure section 382 are
(names):
Plaintiff is required to comply with a claims statute, and
has complied with applicable claims statutes, or
is excused from complying because
(specify):
6.
This action is subject to
Civil Code section 1812.10
Civil Code section 2984.4.
7. This court is the proper court because
b.
a.
d.
c.
f.
e.
g.
a defendant entered into the contract here.
a defendant lived here when the contract was entered into.
a defendant lives here now.
real property that is the subject of this action is located here.
the contract was to be performed here.
a defendant is a corporation or unincorporated association and its principal place of business is here.
other
(specify):
The following causes of action are attached and the statements above apply to each (each complaint must have one or
more causes of action attached):
8.
Breach of Contract
Common Counts
Other
(specify):
9.
Other allegations:
$
according to proof
(2)
at the rate of
(specify):
percent per year from (date):
c.
attorney's fees
(1)
(2)
$
of:
according to proof.
other
(specify):
d.
The paragraphs of this pleading alleged on information and belief are as follows (specify paragraph numbers):
11.
(SIGNATURE OF PLAINTIFF OR ATTORNEY)
Date:
(TYPE OR PRINT NAME)
(If you wish to verify this pleading, affix a verification.)
damages of:
CAUSE OF ACTION—Breach of Contract
Page
(number)
Cross - ComplaintATTACHMENT TO Complaint
(Use a separate cause of action form for each cause of action.)
BC-1. Plaintiff (name):
alleges that on or about (date):
written
oral
a
other (specify):
agreement was made between (name parties to agreement):
A copy of the agreement is attached as Exhibit A, or
are stated in Attachment BC-1The essential terms of the agreement are as follows (specify):
BC-2. On or about (dates):
the acts specified in Attachment BC-2
defendant breached the agreement by
(specify):
the following acts
BC-3. Plaintiff has performed all obligations to defendant except those obligations plaintiff was prevented or
excused from performing.
BC-4. Plaintiff suffered damages legally (proximately) caused by defendant's breach of the agreement
as stated in Attachment BC-4 as follows (specify):
BC-5. Plaintiff is entitled to attorney fees by an agreement or a statute
of $
according to proof.
BC-6. Other:
CAUSE OF ACTION—Breach of Contract
Code of Civil Procedure, § 425.12
www.courtinfo.ca.gov
SHORT TITLE:
CASE NUMBER:
Form Approved for Optional Use
Judicial Council of California
PLD-C-001(1) [Rev. January 1, 2007]
PLD-C-001(1)
Page 1 of 1
CASE NUMBER:
SHORT TITLE:
CAUSE OF ACTION—Common Counts
Page
(number)
Cross - ComplaintATTACHMENT TO Complaint
(Use a separate cause of action form for each cause of action.)
CC-1. Plaintiff (name):
alleges that defendant (name):
other (name):became indebted to plaintiff
a. within the last four years
on an open book account for money due.
because an account was stated in writing by and between plaintiff and defendant in which it
was agreed that defendant was indebted to plaintiff.
(1)
(2)
within the last
two years four years
b.
(1)
for money had and received by defendant for the use and benefit of plaintiff.
for work, labor, services and materials rendered at the special instance and request of defendant
and for which defendant promised to pay plaintiff.
(2)
the sum of $
the reasonable value.
(3)
for goods, wares, and merchandise sold and delivered to defendant and for which defendant
promised to pay plaintiff
the sum of $
the reasonable value.
(4)
for money lent by plaintiff to defendant at defendant's request.
for money paid, laid out, and expended to or for defendant at defendant's special instance and
request.
other (specify):
(5)
(6)
CC-2. $ , which is the reasonable value, is due and unpaid despite plaintiff's demand,
at the rate of percent per yearplus prejudgment interest
according to proof
from (date):
CC-3.
Plaintiff is entitled to attorney fees by an agreement or a statute
of $
according to proof.
CC-4. Other:
Form Approved for Optional Use
Judicial Council of California
PLD-C-001(2) [Rev. January 1, 2009]
CAUSE OF ACTION—Common Counts
Code of Civil Procedure, § 425.12
www.courtinfo.ca.gov
PLD-C-001(2)
Page 1 of 1
CASE NUMBER:
SHORT TITLE:
CAUSE OF ACTION—Fraud
Page
(number)
Cross-ComplaintComplaintATTACHMENT TO
(Use a separate cause of action form for each cause of action.)
FR- 1. Plaintiff (name):
alleges that defendant (name):
defrauded plaintiff as follows:on or about (date):
FR-2.
Intentional or Negligent Misrepresentation
as stated in Attachment FR-2.a as follows:
as follows:
as stated in Attachment FR-2.b
b. These representations were in fact false. The truth was
c. When defendant made the representations,
defendant knew they were false, or
FR-3. Concealment
as stated in Attachment FR-3.a as follows:a. Defendant concealed or suppressed material facts
b. Defendant concealed or suppressed material facts
defendant was bound to disclose.
Code of Civil Procedure, § 425.12
www.courtinfo.ca.gov
CAUSE OF ACTION—Fraud
a. Defendant made representations of material fact
defendant had no reasonable ground for believing the representations were true.
d. Defendant made the representations with the intent to defraud and induce plaintiff to act as described
in item FIR-5. At the time plaintiff acted, plaintiff did not know the representations were false and believed
they were true. Plaintiff acted in justifiable reliance upon the truth of the representations.
by telling plaintiff other facts to mislead plaintiff and prevent plaintiff from discovering the concealed
or suppressed facts.
c. Defendant concealed or suppressed these facts with the intent to defraud and induce plaintiff to act
as described in item IFIR-5. At the time plaintiff acted, plaintiff was unaware of the concealed or suppressed
facts and would not have taken the action if plaintiff had known the facts.
Form Approved for Optional Use
Judicial Council of California
PLD-C-001(3) [Rev. January 1, 2007]
PLD-C-001(3)
Page 1 of 2
CASE NUMBER:
SHORT TITLE:
CAUSE OF ACTION—Fraud
Page
(number)
FR-4.
as stated
in Attachment FR-4.a as follows:
b. Defendant's promise without any intention of performance was made with the intent to defraud and induce
plaintiff to rely upon it and to act as described in item FR-5. At the time plaintiff acted, plaintiff was unaware of
defendant's intention not to perform the promise. Plaintiff acted in justifiable reliance upon the promise.
as stated in Attachment FR-5
FR-5. In justifiable reliance upon defendant's conduct, plaintiff was induced to act
as follows:
as stated in
FR-6. Because of plaintiff's reliance upon defendant's conduct, plaintiff has been damaged
Attachment FR- 6 as follows:
FIR - 7. Other:
Promise Without Intent to Perform
a. Defendant made a promise about a material matter without any intention of performing it
CAUSE OF ACTION—Fraud
PLD-C-001(3)
Page 2 of 2
PLD-C-001(3) [Rev. January 1, 2007
L1200 Rev. Dec. 2019
Page 1 of 4
SUPERIOR COURT OF CALIFORNIA
COUNTY OF ORANGE
ALTERNATIVE DISPUTE RESOLUTION (ADR)
INFORMATION PACKAGE
NOTICE TO PLAINTIFF(S) AND/OR CROSS-COMPLAINANT(S):
Rule 3.221(c) of the California Rules of Court requires you to serve a copy of the
ADR Information Package along with the complaint and/or cross-complaint.
California Rules of Court – Rule 3.221
Information about Alternative Dispute Resolution (ADR)
(a)
Each court shall make available to the plaintiff, at the time of filing of the complaint,
an ADR Information Package that includes, at a minimum, all of the following:
(1)
General information about the potential advantages and disadvantages of ADR
and descriptions of the principal ADR processes.
(2)
Information about the ADR programs available in that court, including citations to
any applicable local court rules and directions for contacting any court staff
responsible for providing parties with assistance regarding ADR.
(3)
Information about the availability of local dispute resolution programs funded
under the Dispute Resolutions Program Act (DRPA), in counties that are
participating in the DRPA. This information may take the form of a list of the
applicable programs or directions for contacting the county’s DRPA coordinator.
(4)
An ADR stipulation form that parties may use to stipulate to the use of an ADR
process.
(b)
A court may make the ADR Information Package available on its website as long as
paper copies are also made available in the clerk’s office.
(c)
The plaintiff must serve a copy of the ADR Information Package on each defendant
along with the complaint. Cross-complainants must serve a copy of the ADR
Information Package on any new parties to the action along with the cross-complaint.
L1200 Rev. Dec. 2019
Page 2 of 4
SUPERIOR COURT OF CALIFORNIA
COUNTY OF ORANGE
ADR Information
Introduction.
Most civil disputes are resolved without filing a lawsuit, and most civil lawsuits are resolved without a trial.
The courts and others offer a variety of Alternative Dispute Resolution (ADR) processes to help people
resolve disputes without a trial. ADR is usually less formal, less expensive, and less time-consuming than
a trial. ADR can also give people more opportunity to determine when and how their dispute will be
resolved.
BENEFITS OF ADR.
Using ADR may have a variety of benefits, depending on the type of ADR process used and the
circumstances of the particular case. Some potential benefits of ADR are summarized below.
Save Time. A dispute often can be settled or decided much sooner with ADR; often in a matter of
months, even weeks, while bringing a lawsuit to trial can take a year or more.
Save Money. When cases are resolved earlier through ADR, the parties may save some of the money
they would have spent on attorney fees, court costs, experts' fees, and other litigation expenses.
Increase Control Over the Process and the Outcome. In ADR, parties typically play a greater role in
shaping both the process and its outcome. In most ADR processes, parties have more opportunity to tell
their side of the story than they do at trial. Some ADR processes, such as mediation, allow the parties to
fashion creative resolutions that are not available in a trial. Other ADR processes, such as arbitration,
allow the parties to choose an expert in a particular field to decide the dispute.
Preserve Relationships. ADR can be a less adversarial and hostile way to resolve a dispute. For
example, an experienced mediator can help the parties effectively communicate their needs and point of
view to the other side. This can be an important advantage where the parties have a relationship to
preserve.
Increase Satisfaction. In a trial, there is typically a winner and a loser. The loser is not likely to be
happy, and even the winner may not be completely satisfied with the outcome. ADR can help the parties
find win-win solutions and achieve their real goals. This, along with all of ADR's other potential
advantages, may increase the parties' overall satisfaction with both the dispute resolution process and the
outcome.
Improve Attorney-Client Relationships. Attorneys may also benefit from ADR by being seen as problem-
solvers rather than combatants. Quick, cost-effective, and satisfying resolutions are likely to produce
happier clients and thus generate repeat business from clients and referrals of their friends and associates.
DISADVANTAGES OF ADR.
ADR may not be suitable for every dispute.
Loss of protections. If ADR is binding, the parties normally give up most court protections, including a
decision by a judge or jury under formal rules of evidence and procedure, and review for legal error by an
appellate court.
L1200 Rev. Dec. 2019
Page 3 of 4
Less discovery. There generally is less opportunity to find out about the other side’s case with ADR
than with litigation. ADR may not be effective if it takes place before the parties have sufficient
information to resolve the dispute.
Additional costs. The neutral may charge a fee for his or her services. If a dispute is not resolved
through ADR, the parties may have to put time and money into both ADR and a lawsuit.
Effect of delays if the dispute is not resolved. Lawsuits must be brought within specified periods of
time, known as statues of limitation. Parties must be careful not to let a statute of limitations run out while
a dispute is in an ADR process.
TYPES OF ADR IN CIVIL CASES.
The most commonly used ADR processes are arbitration, mediation, neutral evaluation and settlement
conferences.
Arbitration. In arbitration, a neutral person called an "arbitrator" hears arguments and evidence from
each side and then decides the outcome of the dispute. Arbitration is less formal than a trial, and the rules
of evidence are often relaxed. Arbitration may be either "binding" or "nonbinding." Binding arbitration
means that the parties waive their right to a trial and agree to accept the arbitrator's decision as final.
Generally, there is no right to appeal an arbitrator's decision. Nonbinding arbitration means that the
parties are free to request a trial if they do not accept the arbitrator's decision.
Cases for Which Arbitration May Be Appropriate. Arbitration is best for cases where the parties
want another person to decide the outcome of their dispute for them but would like to avoid the
formality, time, and expense of a trial. It may also be appropriate for complex matters where the
parties want a decision-maker who has training or experience in the subject matter of the dispute.
Cases for Which Arbitration May Not Be Appropriate. If parties want to retain control over how
their dispute is resolved, arbitration, particularly binding arbitration, is not appropriate. In binding
arbitration, the parties generally cannot appeal the arbitrator's award, even if it is not supported by the
evidence or the law. Even in nonbinding arbitration, if a party requests a trial and does not receive a
more favorable result at trial than in arbitration, there may be penalties.
Mediation. In mediation, an impartial person called a "mediator" helps the parties try to reach a mutually
acceptable resolution of the dispute. The mediator does not decide the dispute but helps the parties
communicate so they can try to settle the dispute themselves. Mediation leaves control of the outcome
with the parties.
Cases for Which Mediation May Be Appropriate. Mediation may be particularly useful when
parties have a relationship they want to preserve. So when family members, neighbors, or business
partners have a dispute, mediation may be the ADR process to use. Mediation is also effective when
emotions are getting in the way of resolution. An effective mediator can hear the parties out and help
them communicate with each other in an effective and nondestructive manner.
Cases for Which Mediation May Not Be Appropriate. Mediation may not be effective if one of the
parties is unwilling to cooperate or compromise. Mediation also may not be effective if one of the
parties has a significant advantage in power over the other. Therefore, it may not be a good choice if
the parties have a history of abuse or victimization.
Neutral Evaluation. In neutral evaluation, each party gets a chance to present the case to a neutral
person called an "evaluator." The evaluator then gives an opinion on the strengths and weaknesses of
each party's evidence and arguments and about how the dispute could be resolved. The evaluator is
L1200 Rev. Dec. 2019
Page 4 of 4
often an expert in the subject matter of the dispute. Although the evaluator's opinion is not binding, the
parties typically use it as a basis for trying to negotiate a resolution of the dispute.
Cases for Which Neutral Evaluation May Be Appropriate. Neutral evaluation may be most
appropriate in cases in which there are technical issues that require special expertise to resolve or
the only significant issue in the case is the amount of damages.
Cases for Which Neutral Evaluation May Not Be Appropriate. Neutral evaluation may not be
appropriate when there are significant personal or emotional barriers to resolving the dispute.
Settlement Conferences. Settlement conferences may be either mandatory or voluntary. In both types
of settlement conferences, the parties and their attorneys meet with a judge or a neutral person called a
"settlement officer" to discuss possible settlement of their dispute. The judge or settlement officer does
not make a decision in the case but assists the parties in evaluating the strengths and weaknesses of the
case and in negotiating a settlement. Settlement conferences are appropriate in any case where
settlement is an option. Mandatory settlement conferences are often held close to the date a case is set
for trial.
ADDITIONAL INFORMATION.
In addition to mediation, arbitration, neutral evaluation, and settlement conferences, there are other types
of ADR, including conciliation, fact finding, mini-trials, and summary jury trials. Sometimes parties will try
a combination of ADR types. The important thing is to try to find the type or types of ADR that are most
likely to resolve your dispute.
To locate a dispute resolution program or neutral in your community:
Contact the California Department of Consumer Affairs, Consumer Information Center, toll free, at
1-800-852-5210
Contact the Orange County Bar Association at (949) 440-670
0
Look in the telephone directories under “Arbitrators” or “Mediators”
Low cost mediation services are provided under the Orange County Dispute Resolution Program Act
(DRPA). For information regarding DRPA, contact:
OC Human Relations (714) 480-6575, mediator@ochumanrelations.org
•
Waymakers (949) 250-4058
For information on the Superior Court of California, County of Orange court ordered arbitration program,
refer to Local Rule 360.
The Orange County Superior Court offers programs for Civil Mediation and Early Neutral Evaluation
(ENE). For the Civil Mediation program, mediators on the Court’s panel have agreed to accept a fee of
$300 for up to the first two hours of a mediation session. For the ENE program, members of the Court’s
panel have agreed to accept a fee of $300 for up to three hours of an ENE session. Additional
information on the Orange County Superior Court Civil Mediation and Early Neutral Evaluation (ENE)
programs is available on the Court’s website at www.occourts.org.
ATTORNEY OR PARTY WITHOUT ATTORNEY:
STATE BAR NO.:
FOR COURT USE ONLY
NAME:
FIRM NAME:
STREET ADDRESS:
CITY:
STATE:
ZIP CODE:
TELEPHONE NO.:
FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE
JUSTICE CENTER:
Central - 700 Civic Center Dr. West, Santa Ana, CA 92701-4045
Civil Complex Center - 751 W. Santa Ana Blvd., Santa Ana, CA 92701-4512
Harbor – Newport Beach Facility – 4601 Jamboree Rd., Newport Beach, CA 92660-2595
North – 1275 N. Berkeley Ave., P.O. Box 5000, Fullerton, CA 92838-0500
West – 8141 13
th
Street, Westminster, CA 92683-4593
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
ALTERNATIVE DISPUTE RESOLUTION (ADR) STIPULATION
CASE NUMBER:
Plaintiff(s)/Petitioner(s),
and defendant(s)/respondent(s),
agree to the following dispute resolution process:
Mediation
Arbitration (must specify code)
Under section 1141.11 of the Code of Civil Procedure
Under section 1280 of the Code of Civil Procedure
Neutral Case Evaluation
The ADR process must be completed no later than 90 days after the date of this Stipulation or the date the case
was referred, whichever is sooner.
I have an Order on Court Fee Waiver (FW-003) on file, and the selected ADR Neutral(s) are eligible to
provide pro bono services.
The ADR Neutral Selection and Party List is attached to this Stipulation.
We understand that there may be a charge for services provided by neutrals. We understand that participating in
an ADR process does not extend the time periods specified in California Rules of Court, rule 3.720 et seq.
Date:
(SIGNATURE OF PLAINTIFF OR ATTORNEY)
(SIGNATURE OF PLAINTIFF OR ATTORNEY)
Date:
(SIGNATURE OF DEFENDANT OR ATTORNEY)
(SIGNATURE OF DEFENDANT OR ATTORNEY)
Approved for Optional Use
L1270 (Rev.
March
2019)
ALTERNATIVE DISPUTE RESOLUTION (ADR) STIPULATION
California Rules of Court, rule 3.221
ATTORNEY OR PARTY WITHOUT ATTORNEY:
STATE BAR NO.:
FOR COURT USE ONLY
NAME:
FIRM NAME:
STREET ADDRESS:
CITY:
STATE:
ZIP CODE:
TELEPHONE NO.:
FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE
JUSTICE CENTER:
Central - 700 Civic Center Dr. West, Santa Ana, CA 92701-4045
Civil Complex Center - 751 W. Santa Ana Blvd., Santa Ana, CA 92701-4512
Harbor – Newport Beach Facility – 4601 Jamboree Rd., Newport Beach, CA 92660-2595
North – 1275 N. Berkeley Ave., P.O. Box 5000, Fullerton, CA 92838-0500
West – 8141 13
th
Street, Westminster, CA 92683-4593
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
ALTERNATIVE DISPUTE RESOLUTION (ADR) STIPULATION
CASE NUMBER:
Plaintiff(s)/Petitioner(s),
and defendant(s)/respondent(s),
agree to the following dispute resolution process:
Mediation
Arbitration (must specify code)
Under section 1141.11 of the Code of Civil Procedure
Under section 1280 of the Code of Civil Procedure
Neutral Case Evaluation
The ADR process must be completed no later than 90 days after the date of this Stipulation or the date the case
was referred, whichever is sooner.
I have an Order on Court Fee Waiver (FW-003) on file, and the selected ADR Neutral(s) are eligible to provide
pro bono services.
The ADR Neutral Selection and Party List is attached to this Stipulation.
We
understand that there may be a charge for services provided by neutrals. We understand that participating in
an ADR process does not extend the time periods specified in California Rules of Court rule 3.720 et seq.
Date:
(SIGNATURE OF PLAINTIFF OR ATTORNEY) (SIGNATURE OF PLAINTIFF OR ATTORNEY)
Date:
(SIGNATURE OF DEFENDANT OR ATTORNEY)
(SIGNATURE OF DEFENDANT OR ATTORNEY)
ALTERNATIVE DISPUTE RESOLUTION (ADR) STIPULATION
Approved for Optional Use California Rules of Court, rule 3.221
L1270 (Rev. March 2019)
(Separate proof of service is required for each party served.)
1. At the time of service I was at least 18 years of age and not a party to this action.
a.
2. I served copies of:
Form Adopted for Mandatory Use
Judicial Council of California
POS-010 [Rev. January 1, 2007]
Code of Civil Procedure, § 417.10
PROOF OF SERVICE OF SUMMONS
Page 1 of 2
b.
Party served (specify name of party as shown on documents served):
c.
(1) (2)
I left the documents listed in item 2 with or
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
BRANCH NAME:
CITY AND ZIP CODE:
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
PROOF OF SERVICE OF SUMMONS
FOR COURT USE ONLY
CASE NUMBER:
POS-010
Ref. No. or File No.:
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
TELEPHONE NO.:
FAX NO. (Optional):
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
d.
e.
f.
summons
complaint
Alternative Dispute Resolution (ADR) package
Civil Case Cover Sheet (served in complex cases only)
cross-complaint
other
(specify documents):
a.
b.
3.
Person (other than the party in item 3a) served on behalf of an entity or as an authorized agent (and not a person
under item 5b on whom substituted service was made) (specify name and relationship to the party named in item 3a):
Address where the party was served:4.
5.
I served the party (check proper box)
a.
b.
by personal service. I personally delivered the documents listed in item 2 to the party or person authorized to
receive service of process for the party
by substituted service.
on (date): at (time):
at (time):on (date):
in the presence of (name and title or relationship to person indicated in item 3):
(2)
(3)
(home) a competent member of the household (at least 18 years of age) at the dwelling house or usual
place of abode of the party. I informed him or her of the general nature of the papers.
(physical address unknown) a person at least 18 years of age apparently in charge at the usual mailing
address of the person to be served, other than a United States Postal Service post office box. I informed
him or her of the general nature of the papers.
(1) (business) a person at least 18 years of age apparently in charge at the office or usual place of business
of the person to be served. I informed him or her of the general nature of the papers.
(4)
I thereafter mailed (by first-class, postage prepaid) copies of the documents to the person to be served
at the place where the copies were left (Code Civ. Proc., § 415.20). I mailed the documents on
from (city):
(date):
or
a declaration of mailing is attached.
(5)
I attach a declaration of diligence stating actions taken first to attempt personal service.
ORANGE
The "Notice to the Person Served" (on the summons) was completed as follows:
d.
under the following Code of Civil Procedure section:
(SIGNATURE)
POS-010 [Rev. January 1, 2007]
PROOF OF SERVICE OF SUMMONS
Page 2 of 2
Date:
POS-010
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
CASE NUMBER:
6.
(NAME OF PERSON WHO SERVED PAPERS/SHERIFF OR MARSHAL)
5. c.
by mail and acknowledgment of receipt of service. I mailed the documents listed in item 2 to the party, to the
address shown in item 4, by first-class mail, postage prepaid,
(1) (2)
on (date): from (city):
(3)
with two copies of the Notice and Acknowledgment of Receipt and a postage-paid return envelope addressed
to me. (Attach completed Notice and Acknowledgement of Receipt.) (Code Civ. Proc., § 415.30.)
(4)
to an address outside California with return receipt requested. (Code Civ. Proc., § 415.40.)
by other means
(specify means of service and authorizing code section):
Additional page describing service is attached.
a.
b.
c.
as an individual defendant.
as the person sued under the fictitious name of
as occupant.
d. On behalf of
(specify):
(specify):
416.10 (corporation)
416.20 (defunct corporation)
415.95 (business organization, form unknown)
416.60 (minor)
416.30 (joint stock company/association)
416.70 (ward or conservatee)
416.40 (association or partnership)
416.90 (authorized person)
416.50 (public entity)
415.46 (occupant)
other:
Person who served papers7.
owner
employee
independent contractor.
(ii)
I am:
(iii) County:
not a registered California process server.
exempt from registration under Business and Professions Code section 22350(b).
(2)
(1)
Registration No.:
a registered California process server:
(3)
8.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
I am a California sheriff or marshal and I certify that the foregoing is true and correct.
or
9.
a.
b.
c.
d.
e.
Name:
Address:
Telephone number:
The fee for service was: $
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